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HomeMy WebLinkAboutRESOLUTION - 42-91 - 8/27/1991 - ANNEX. ARGMT/ELBETHEL CHRISTIAN CENTERRESOLUTION NO. 42-91 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE ELBETHEL CHRISTIAN CENTER WHEREAS, on July 30, 1991 a public hearing was held pursuant to Chapter 24, Section 11-15.1-1 et seg. of the Illinois Revised Statutes to consider the approval of an Annexation Agreement bet- ween the Village of Elk Grove Village and Elbethel Christian Center; and WHEREAS, as a result of the testimony and evidence presented at said public hearing, the President and Board of Trustees of the Village of Elk Grove Village find and believe it to be in the best interest of the Village that the Annexation Agreement between the Village and Elbethel Christian Center be approved. NOW, THEREFORE BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That the Village President be and is hereby autho- rized to sign an Annexation Agreement between the Village of Elk Grove Village and Elbethel Christian Center, a copy of which is attached hereto and made a part hereof and the Village Clerk is authorized to attest said documents upon the signature of the Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: * 7 NAYS: 0 ABSENT: 0 PASSED this 27th day of August 1991. APPROVED this 27th day of August 1991. APPROVED: Charles J. Zettek VILLAGE PRESIDENT ATTEST: Patricia S. Smith VILLAGE CLERK * AYES: President Zettek, Trustees Bosslet, Chernick, Czarnik, Gallitano, Petri, Tosto dM ANNEYAT,I ON,,,._AGREE.M.E,NT. THIS AGREEMENT, made and entered into this 7th day of July, 1991, by and between the VILLAGE OF ELK GROVE VILLAGE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "the VILLAGE") by and through it's President and Board of Trustees (hereinafter referred to collectively as "the Corporate Authorities"), and ELBETHEL CHRISTIAN CENTER, a religious not for profit corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "the OWNER"). RECITALS: WHEREAS, ELBETHEL CHRISTIAN CENTER is the owner of record of certain real estate consisting of approximately 3.2 acres more or less legally described as follows: The south 267 feet of the north 1602 feet of the west 75 acres of the east half of the northwest quarter of section 36, township 41 north, range 10, east of the third principal meridian, except that part described as follows: commencing at the southwest corner of the east 1/2 of the northwest 1/4 of said section 36; thence north 00 degrees, 08 minutes, 26 seconds east along the west line of the east 1/2 of the northwest 1/4 of said section 36, a distance of 1070.74 feet to the south line of the south 267 feet of the north 1602 feet of the west 75 acres of the east 1/2 of the northwest 1/4 of said section 36; thence north 87 degrees, 31 minutes, 04 seconds east, along said south line of the south 267 feet a distance of 518.0 feet to the point of beginning; thence continuing east along the last described line a distance of 707.38 feet to the east line of the west 75 acres of the east 1/2 of the northwest 1/4 of said section 36; thence north 00 degrees, 08 minutes, 26 seconds east along said east line of the west 75 acres, a distance of 267 feet to the north line of the south 267 feet of the north 1602 feet 1 of the west 75 acres of the east 1/2 of the northwest 1/4 of said section 36; thence south 87 degrees, 31 minutes, 04 seconds west along said north line of the south 267 feet, a distance of 719.60 feet to a point; thence south 02 degrees, 28 minutes, 56 seconds west a distance of 266.72 feet to the point of beginning, in COOK COUNTY, ILLINOIS. Said property hereinafter referred to as "the PROPERTY". WHEREAS, said real estate is not located within the territorial limits of any municipal corporation, and is contigious to the corporate limits of the VILLAGE; and WHEREAS, OWNER desires to annex said real estate to the VILLAGE OF ELK GROVE VILLAGE, ILLINOIS upon the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, IT IS HEREBY MUTUALLY AGREED by and between the undersigned as follows: 1. ST.ATUTORY..,.,_AUTHOR,ITY,, This Agreement is made pursuant to and in accordance with the provisions of Illinois Revised Statutes, 1989, Chapter 24, Section 11-15. 1-1, et seg. 2. PE.TI.TION,.,,_F,OR,....AN,NE„YAT,EON. The OWNER has filed with the Village Clerk a proper petition for the annexation of the subject property to the VILLAGE OF ELK GROVE VILLAGE, ILLINOIS, conditioned upon the terms and provisions of this Agreement. 3. ANNE .kAT,ION...,,ORD,I.NANCE. The Corporate Authorities upon the execution of this Agreement, shall within thirty (30) days after the date hereof, enact an ordinance annexing the Property to the VILLAGE. 4. Z.O.N.NG. Immediately after the passage of the ordinance annexing the subject property, the Village shall: A. Classify the subject property, pursuant to Section 2.4 of the Zoning Ordinance of the VILLAGE, automatically as R-3 Residential district, which is the zoning classification ascribed to the subject property upon the offical map and 2 comprehensive plan of the VILLAGE. It is understood and agreed that no petition or public hearing or other action need be taken by or on behalf of OWNERS to obtain said R-3 zoning classification, once the subject property is annexed to the VILLAGE. It is further understood and agreed that the effective date of said annexation shall be the date upon which the annexation ordinance is passed and approved by the Corporate Authorities. B. Issue a special use permit for the subject property so it may be used for a church and related purposes. 5.F,E,E,S,.AND.,,_,R,ECAP.TURE. In recognition of the charitable use of the subject property by the OWNER for church purposes, the VILLAGE agrees to waive building fees, sewer connection fees, water connection charges, sewer and water inspection fees, engineering fees, annexation fees of $500.00 per acre to the Municipal Purpose Fund, and the 10% land dedication requirement. OWNER shall be responsible for the water meter charge, the actual cost of publishing the legal notice for the annexation hearing, the court reporter fee for the annexation hearing, and all document recording costs. In addition, OWNER shall be responsible for the pro -rated share assessed against its property by the Village for off-site sanitary sewer improvements pursuant to a recapture ordinance to be adopted by the Village at a later date. 6. SUBJ,ECT_.... PROP,E.BT.Y.....IM,PRO.VEM$NTS,. OWNER agrees after the adoption of the Annexation Ordinance to make the following improvements to the subject property within the time frames stated: To.._be completed. within„60.,,.days _o,f,. annexation 1. Fill blank spaces in electric panel; 2. Provide signage for existing handicapped parking stalls; and 3. Attach address numbers to the building which are J visible from the street. Items tobecomp1et edwithin29arso f annexation..-,.. ...... ,„_.. .._. ,..., . _..._,,,,_ 1. Complete fire and smoke alarm systems. Include manual pull stations as required by code with a connection to the Fire Department Communication Center or an alternative as approved by the fire chief, and install a knox box as required by code; 2. Provide all specified storage and workshop areas with an approved sprinkler system; 3. Install emergency and exit lighting at all means of egress and connect to a one-hour emergency power system; 4. Repipe heating unit exhaust vents to comply with applicable village codes; 5. Install a concrete sidewalk along the east side of Meacham Road from the south end of OWNER'S property to the north end of said property. The sidewalk shall be installed at the time of the installation of the sidewalk on the property immediately south of OWNER'S property or two years from the date of annexation of OWNER'S property, whichever is the first to occur; and 6. Bring water and sewer utilities to its property. Item st o_., ....... l,e,t,e d,.... w .th, i n5„_..y e a.rso fan n e x a t. o,n,,,,, 1. Connect to VILLAGE potable water system, cap existing well, and install backflow preventer if none exists. In conjunction therewith, fire hydrants will he installed along the North side of the property at intervals not to exceed 300 feet. Said fire hydrants will be serviced by a water main which shall be of a size as determined by the VILLAGE. 2. Connect to VILLAGE sanitary sewer system and fill existing septic field, unless an extension of time is granted by the President and Board of Trustees. 4 7. APPRO,VAL..,_,O.F,,,._PAR,fi_ING,,.,__P_LAN.,,._BY.._VILLAGE. Immediately upon the annexation of the subject property, the VILLAGE shall approve and accept OWNERS parking plan for projected expansion. The OWNER presently has 78 parking spaces for approximately 300 sanctuary seats. It is OWNERS intention to expand at some future date, through remodeling and construction, it's existing seating in the sanctuary to 1,200. To conform to VILLAGE parking requirements, VILLAGE hereby agrees and covenants that it will accept, as OWNERS additional parking, the use of 250 off-site parking spaces granted by the adjacent property owners to the east of OWNERS in perpetuity. A copy of the grant for off-site parking is attached hereto as Exhibit A. VILLAGE further agrees that the use of said parking spaces will constitute complete compliance with VILLAGE parking requirements pertaining to said 1,200 seat sanctuary. 8. Va_r_,an.ce,s. A variance is hereby granted to allow OWNER to connect to a private watermain, to be installed under Meacham Road by Hamilton Partners, for the purpose of providing water to OWNER's property. If OWNER elects to make such connection in lieu of installing a separate service line under Meacham Road pursuant to Section 6 above, then OWNER will connect its property and building to the private watermain concurrently with its installation. OWNER shall also cap the existing well, install back flow preventers if none exist, and install fire hydrants along the north side of its property at intervals not to exceed 300 feet. The fire hydrants will be serviced by a water main which shall be of a size as determined by the VILLAGE. 9. W,a_t_e,r,,,_,and_.._S,ewe_r___I„n s t_a_l,l,a,t_i o_n.,., Water and sewer installation shall be done in accordance with engineering plans prepared by OWNER and approved by VILLAGE. 10. D.A,_sannexati_on.,,., Should the Kunas parcel not annex to the VILLAGE and the purchase of a parcel of OWNER's property by Hamilton Partners not be consummated, then OWNER may petition to disannex and the VILLAGE will not object to OWNER's disannexation. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 27th day of August , 1991, the same being done after public hearing, notice and statutory requirements having been fulfilled. ATTEST: Patricia S. Smith Village Clerk Corporate Seal Secretary of the Corporation VILLAGE OF ELK GROVE VILLAGE By: Charles J. Zettek Village President OWNER: ELBETHEL CHRISTIAN CENTER 8 Corporation Chairman Treasurer